M.D.Suresh Kumar v. The State Rep By Its,

in Crl.O.P.No.30276 of 2018 G.K.ILANTHIRAIYAN, J.

The petition has been filed to clarify the order dated 09.10.2023 passed by this Court in Crl.O.P.No.30276 of 2018.

2.

The learned counsel appearing for the petitioner/defacto complainant submitted that there are two accused in C.C.No.5738 of 2018 on the file of the learned Metropolitan Magistrate for exclusive trial of CCB & CBCID cases, Chennai. The first accused filed the above Criminal Original Petition in Crl.O.P.No.30276 of 2018 to quash the proceeding. This Court by an order dated 09.10.2023 allowed the said petition and quashed the proceeding. However, in the operative portion this Court failed to mention that the proceedings in C.C.No.5738 of 2018 is quashed insofar as the petitioner alone. Therefore, the trial Court dropped the entire proceeding as against both the accused in C.C.No.5738 of 2018. Hence, he prayed to clarify the above order dated 09.10.2023.

3.

Considering the above submission, it is clarified that C.C.No.5738 of 2018 on the file of the learned Metropolitan Magistrate for exclusive trial of CCB & CBCID cases, Chennai, is quashed only as against the first accused viz., S.Krishnakumar alone. The trial Court is directed to proceed with the case as against the second accused in accordance with law. 4.

With the above directions, this Criminal Miscellaneous Petition is allowed.

27.03.2024 rts

G.K.ILANTHIRAIYAN, J.

rts in Crl.O.P.No.30276 of 2018 27.03.2024